Illinois Nursing Home Abuse Blog

Choosing an Illinois nursing home for a loved one can be a difficult decision. The media and news reports dictate that often nursing home falls, nursing home abuse, nursing home neglect and nursing home deaths are the norm. However there are many free services that exist to help someone choose an Illinois nursing home appropriate for the level of care, supervision and monitoring that a nursing home resident deserves to receive. In Chicago, Illinois a free resource is offered through the Illinois Department of Public Health so that one is able to look at how many past complaints, violations and penalties have been given to an Illinois nursing home. In today’s world this free internet source is invaluable and may be one of the best ways to prevent a nursing home lawsuit from occurring and preventing the need to contact a nursing home lawyer in the future. Many gimmicks exist to try to have individuals pay for reports on the quality of nursing homes but the nursing home lawyers at Levin & Perconti believe that the reports from the Illinois Department of Public Health are an invaluable source of information. To access the website click here.

When 84-year-old John DeBias’ health began declining a few years ago, he was forced to abandon his condo in Florida and return to Carpentersville, Illinois, to live with his daughter. However, five months ago, John broke his leg and then suffered a heart attack during surgery and, as he continued to get worse, living with his daughter, Karen, a single working mother, became impossible since she simply did not have the time to devote to her ailing father and in-house health care was not enough. It was then that John was forced to move into a nursing home. Since January, John has lived in multiple Illinois nursing homes. He is finally in one that works for the family, but getting there was difficult. Most of the nursing homes put a good show on for the residents’ families, but care ends up being inadequate and seniors are left to fend for themselves more than they are able. A stint in one nursing home left John with weight loss of 13 pounds in two weeks, urinary tract and yeast infections, a shoulder injury from being pushed and pulled around, dehydration and malnutrition, and pressure sores.

Unfortunately, this is not a unique story for nursing home residents. In 2003, nation-wide state Long Term Care Ombudsmen programs collectively investigated 20,673 complaints against nursing homes and board and care residents. The Nursing Home Transparency and Improvement Act of 2008 is aimed at improving consumer knowledge about the quality of nursing homes. Some ways the Act is achieving that goal is by: (1) posting nursing home ownership details, a standard complaint form, and links to inspection reports on www.medicare.gov; (2) increasing the maximum fines from $10,000 to $100,000 for any nursing home deficiency that results in a death; and (3) independently auditing nursing home chains, allowing closer watching of chains that have failed to comply in the past. In addition, separate from the legislation, there will be a website by the end of the year that evaluates nursing homes on a five-star rating system.

Read more here.

Gold Stars have found their place outside of a child’s classroom. In fact gold stars will now be used to rank nursing home safety and nursing home care levels. The Nursing Home Compare Website will soon feature the rankings to allow Americans to determine which nursing homes are safe and which nursing homes have experienced nursing home neglect and nursing home abuse issues. Nursing home inspections over the past 3 years will be reviewed to determine the home’s ranking between a level of one star (the lowest) to five stars (the highest). To see more about this advance that will help nursing home choices become easier for individuals click here.

The American Geriatrics Society has promulgated a new position statement regarding nursing home care. The American Geriatrics Society believes that Assisted Living Facilities may benefit seniors over the care offered at long term nursing homes. Nursing home abuse, nursing home neglect, nursing home failure to supervise and other concerns have prompted a need to look at alternative care facilities. To read the full report of the American Geriatrics Society recommendations click here.

Levin & Perconti Founder and Senior Partner John Perconti was interviewed Chicago’s ABC affiliate about the dangers of uninsured nursing homes. The report focused on Rosewood Nursing Homes, specifically the Rosewood Inverness nursing home where a resident died after falling while abandoned in a washroom for an extended period of time. According to Perconti, the nursing home has now taken a defensive position. This case highlights the dangers of uninsured nursing homes: when a nursing home is at fault for a resident’s nursing home abuse and neglect, the victim deserves just and reasonable compensation for their injuries. An uninsured nursing home can attempt to escape responsibility. In fact, some Rosewood Nursing Homes are insured by foreign corporations that do not follow US laws and are not subject to jurisdiction in US courts.

See the video here.

The Centers Medicare and Medicaid Services Nursing Home Compare website has added a new section that allows viewers to see information on nursing homes and identify homes that have drawn increased federal scrutiny for complaints and other forms of nursing home abuse and neglect. The website includes a listing of Special Focus Facilities which are nursing homes that receive increased federal inspection as a result of past poor performance. Notably, five Illinois nursing homes made the list. Embassy Health Care Center in Wilmington, IL and Harrisburg Care Center of Harrisburg, IL are both on the “not improved” list. Facilities that have shown improvement include Alden Park Strathmoor in Rockford, Berkshire Nursing & Rehab in Forest Park, and International Village in Chicago.

See here for the report and view the website here.

The US Senate has begun consideration of a new act that would raise the bar on nursing home care nationwide and attempt to curb nursing home abuse and neglect. The Nursing Home Transparency and Improvement Act, S. 2641, would shed light on the quality and operation of nursing homes and implement new standards for care. Specifically, the Act would provide public information on the owners/operators of nursing homes, the staff turnover, nurse staffing levels, and penalties the home receives for poor care. Together, this information will help elder advocates and nursing home abuse and neglect lawyers to get a better sense of an individual home’s quality of care.

Additionally, the Act would require independent audits of nursing home chains and increase sanctions on chains with chronic problems of nursing home abuse and neglect. Facilities in violation would face increased civil penalties including fines up to $100,000 when a resident dies from nursing home abuse and neglect. Facilities would also have to pay fines into escrow accounts pending appeals.

Other provisions include a requirement that facilities give 60 days notice when they plan to close and allow for continuation of Medicare and Medicaid payments until residents are successfully relocated and a provision to provide for studies of temporary management and training of nurse aides and supervisors.

Visit NCCNHR to learn more here.

A recent state law change highlights the need for family members to stay current with their loved ones’ care in nursing homes. Previously, an Iowa state law effectively blocked public access to state nursing home inspector findings and reports of nursing home abuse. This law made it even more difficult for family members to choose the right nursing home and often hid possible incidents of nursing home abuse.

The new law requires immediate disclosure of state inspector findings of nursing home abuse and neglect for public review.

See the full story here.

Continue reading "Some State Laws Block Public Access to Records of Nursing Home Abuse" »

A man who has been accused of running an illegal nursing home facility now faces up to six years in prison and $12,000 in criminal fines. The man is accused of abusing an elderly man in his care at the illegal nursing home facility. The reports of abuse included a tennis ball sized ulcer resulting from a bed sore, extreme weight loss and malnourishment, dehydration, withholding medication, and canceling doctor appointments. During this abuse, the nursing home operator charged the victim’s family $4,000 a month. This story highlights the importance of family members being involved and informed: family members should be sure to stay current with trends in the nursing home industry and learn how to spot signs of elder abuse.

Read the full story here.

Tulsa World, an Oklahoma newspaper, recently did a report on the state of nursing homes in the nearby area. The study found that more than half of the assisted living homes inspected in Oklahoma last year were cited for medication problems, violating patient rights or housing patients whose needs exceed the level of care the homes are licensed to provide. Oftentimes, the homes have flashy brochures that portray a very different style of life than what is actually experienced by the residents who live there. Elder abuse lawsuits can arise out of mistreatment to the residents of these homes.

Click here for the full article

It is important for families of nursing home residents to be aware of an important issue: signing nursing home agreements can wind up ultimately costing you large sums of money. The Elder Law Minute brings to discussion the fact that unfortunately, many nursing home admittances occur after a rushed discharge from a hospital, resulting in family members being forced to hurriedly sign mounds of paperwork. In some instances, family members signing papers as the "responsible party" guarantees that the resident's fees must be paid in full- if not from the resident, then from the responsible party. In the Nursing Home Care Act, a nursing home that participates in the Medicare or Medicaid program must not require a third party to guarantee payment. This is why it is important to make sure that paperwork is reviewed by an elder law attorney.

Despite the growing population of seniors in the U.S., the AARP Public Policy Institute announced that the number of seniors in nursing homes has decreased. A major contributor to this statistic is the increased number of options available to the elderly. In contrast to the situtaion a decade ago where the options for seniors were limited to skilled care nursing homes, seniors today have the option of various types of less-supported living. From at home care to senior day care to assisted living facilities, these attractive options can better balance the health and supervision needs of seniors with the need for independence. For seniors, services that are more tailored to their individual needs often results in a better quality of care.

The range of services that these alternatives provide range from at-home meal preparation to living facilities with full-time health care staff. While these alternatives to nursing home care can provide significant cost savings, these alternatives frequently require more of an active care-provider role from family members. In addition, families of seniors benefitting from at home care or assisted living should be aware that the federal regulation of nursing homes may not apply to less intensive senior care such as assisted living facilities.

Click here for the full article.

The Center for Medicare and Medicaid Services surveys nursing homes annually and provides a National Nursing Home Watch List. For 2007, the Illinois Nursing Home Watch List cited 250 Illinois nursing homes for actual harm and immediate jeopardy to patients. Over 25 nursing homes were cited in Chicago alone and at least 30 homes in the state of Illinois were cited for actual harm and immediate jeopardy on three or more surveys. Hence, nursing home abuse and neglect is a legitimate problem in Illinois and the nation as a whole.

The list is published on memberofthefamily.net, a website designed to offer information about Medicare and Medicaid certified nursing homes nationwide. As seen on NBC’s Today Show, memberofthefamily.net also provides literature on the subject of nursing home rights, including the recently published guide Danger Zone: Unlock the Secrets of Nursing Home Medical Records and Protect Your Loved One. The book is intended to help families recognize falsifications in medical records and nursing home negligence.

In Illinois, advocates and nursing home lawyers have been working to combat nursing home abuse and neglect. Organizations like Illinois Citizens for Better Care (ICBC), the Center for Justice and Democracy, and the regional Ombudsmen program can help you determine whether your loved one is a victim of abuse and neglect.

In choosing a nursing home for their loved ones, people are often rushed and do not have the time to research whether nursing homes are respected or infamous for nursing home abuse and neglect. A recent Florida article gave readers tips for finding a nursing home while under a time crunch:

1. Know your rights. If a hospital is forcing you to discharge your loved one, you have appeal rights under Medicare that can extend your relative’s stay by two days. Call 1-800-633-4227 for more information.
2. Call the Eldercare Locator at 1-800-677-1116. They will connect you with your local agency on aging, which can give you names and locations of nursing homes.
3. Search online. Consumer Reports recently completed an investigation of nursing homes available online.
4. Compare online. The Center for Medicare and Medicaid Services offers complete surveys of nursing homes online.
5. Check Illinois nursing home state survey reports. When visiting a nursing home, ask for their state inspection survey.

For the full article.

The National Center for Health Statistics recently released the facility data tables from the 2004 National Nursing Home Survey online. The tables include the following information about nursing homes: characteristics, staffing, management, programs, services, and employee vaccinations. With the constant fears of nursing home abuse and neglect, the tables are especially useful for families researching a home for a loved one.

To view the tables.

Choosing a nursing home for a loved one is incredibly difficult, especially with fears of nursing home abuse and neglect. A California newspaper recently featured an article about how to choose a nursing home. They state the following helpful tips: ask friends and doctors for recommendations; visit the home and observe interactions between staff and residents; smell for foul odors which should not be common; observe organized activities; ask about accreditations; and remain involved after admittance.

For the full article.

With increasing reports of nursing home abuse and neglect, finding an assisted living center for a loved one is a tricky and difficult task. Realize that finding the right home is a long-term project. Experts suggest visiting as many as five prospective locations prior to deciding. Advocates also recommend not being lured by the facilities with the prettiest landscapes or most furnished public rooms; rather, they suggest focusing on the training of staff members who deliver the care to residents.

For the full article.

For a helpful FAQ on assisted living, please visit the Consumer Consortium on Assisted Living or the Assisted Living Federation of America.

A three-month Consumer Reports investigation found that finding an appropriate assisted living facility is extremely